Re-establishment and Employment Act 1955

Legislation au C1955A00056 Not in force Act

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RE-ESTABLISHMENT AND EMPLOYMENT.

 

No. 56 of 1955.

An Act to amend the Re-establishment and Employment Act 1945-1953, and for other purposes.

[Assented to 4th November, 1955.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Re-establishment and Employment Act 1955.

(2.) The Re-establishment and Employment Act 1945-1953 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Re-establishment and Employment Act 1945-1955.

Commencement

2.—(1.) Subject to the next two succeeding sub-sections, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Sub-section (1.) of section three of this Act shall be deemed to have come into operation on the third day of September, One thousand nine hundred and fifty-five.

(3.) Section four of this Act shall be deemed to have come into operation on the fifth day of November, One thousand nine hundred and fifty-three.

3.—(1.) Section thirty-four of the Principal Act is repealed and the following section inserted in its stead:—

Operation of sections 24 to 33.

“34.—(1.) Sections twenty-four to thirty-three (inclusive) of this Act shall cease to be in operation at midnight on the second day of September, One thousand nine hundred and fifty-eight.


“(2.) When the sections of this Act referred to in the last preceding sub-section cease to be in operation, they shall be deemed to have been repealed and the provisions of section eight of the Acts Interpretation Act 1901-1950 shall have effect accordingly.”.

(2.) A person shall not be convicted of an offence arising under section thirty-three of the Principal Act as amended by this Act which was committed on or after the third day of September, One thousand nine hundred and fifty-five, and before the date on which this Act receives the Royal Assent.

(3.) An order purporting to have been made under section twenty-eight or twenty-nine of the Principal Act after the second day of September, One thousand nine hundred and fifty-five, and before the day on which this Act receives the Royal Assent, has, subject to the next succeeding sub-section, the same force and effect as if the Principal Act had been in force on the day on which the order was made.

(4.) Where an order made under section twenty-eight or twenty-nine of the Principal Act on or before the second day of September, One thousand nine hundred and fifty-five, or an order referred to in the last preceding sub-section, directed an employer to engage a person in employment on or before a date occurring after the second day of September, One thousand nine hundred and fifty-five, and before the day on which this Act receives the Royal Assent, that order shall, for the purposes of the Principal Act as amended by this Act, be deemed to have directed, and shall have effect as if it had directed, the employer to engage the person in employment on or before the fourteenth day after the day on which this Act receives the Royal Assent.

Rate of re-employment allowance.

4. Section seventy-six of the Principal Act is amended by omitting from paragraph (a) of sub-section (2.) the words “One pound two shillings” and inserting in their stead the words “One pound fifteen shillings and sixpence”.

Extension of operation of certain provisions to members of the Forces (Korea and Malays Operations).

5. Section one hundred and thirty-eight of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “(other then Division 1)” and inserting in their stead the words “(other than Division 1 and section one hundred and two a)”; and

(b) by omitting paragraph (f) of sub-section (2.) and inserting in its stead the following paragraph:—

“(f) the regulations may provide that a business re-establishment allowance is not payable unless an application for the allowance is made within the prescribed period.”.

Overview

The Re-establishment and Employment Act 1955 was enacted by the Commonwealth Parliament to amend the Re-establishment and Employment Act 1945-1953, addressing the need to update and extend provisions for the re-employment of service personnel following the end of World War II. The Act introduces various amendments to the existing legislation, including changes to the rate of re-employment allowance, the operation of specific sections, and the extension of certain provisions to members of the forces involved in the Korea and Malaya Operations. The policy objective is to ensure that the support and benefits provided to service personnel transitioning back to civilian life are adequate and responsive to changing circumstances.

Scope and Application

The Re-establishment and Employment Act 1955, as amended, applies to individuals and entities involved in the employment and re-establishment of members of the armed forces, particularly those who have served in Korea and Malaysian operations. It is a Commonwealth Act, meaning its jurisdiction spans across Australia, and its provisions are applicable to all states and territories within the Commonwealth. The Act primarily focuses on the re-employment allowances and related entitlements for these service members. The Act specifies a rate of re-employment allowance and extends certain provisions to members of the forces engaged in specific operations, while also making amendments to the Principal Act, the Re-establishment and Employment Act 1945-1953. Some sections of the Act have specific commencement dates, and it includes provisions for the cessation of certain sections and the treatment of orders made under the Principal Act before the Act's full commencement. This legislation is instrumental in ensuring that service members receive appropriate support and benefits as they transition back to civilian life.

Key Provisions

The Re-establishment and Employment Act 1955 (sections 1-5) amends the Re-establishment and Employment Act 1945-1953, referred to as the Principal Act, which is subsequently to be known as the Re-establishment and Employment Act 1945-1955. The Act modifies the rate of re-employment allowance (section 4) and extends the operation of certain provisions to members of the Forces involved in the Korea and Malays Operations (section 5). Specifically, it adjusts the amount of the re-employment allowance from One pound two shillings to One pound fifteen shillings and sixpence and updates the eligibility criteria for business re-establishment allowance, requiring applications to be made within a prescribed period. The Act comes into operation on the day of Royal Assent, with specific provisions on certain sections taking effect on particular dates (section 2). The Act imposes obligations on various parties, including the requirement for employers to engage individuals in employment as directed by specific orders and for applicants to submit timely applications for allowances (section 5). It also provides clarity on the force and effect of orders made under certain sections of the Principal Act before and after specific dates, ensuring continuity and compliance with the legislative amendments (section 3). Breaches of the Act can lead to civil or criminal consequences. For instance, no person can be convicted of an offence arising from certain sections of the Principal Act if the offence was committed after 3 September 1955 but before the Act receives Royal Assent (section 3(1)). Furthermore, failure to comply with the requirements for timely applications for allowances or adherence to the modified provisions could result in penalties or other legal repercussions as stipulated within the Act or related legislation. While the Act does not specify maximum penalties, breaches could lead to legal actions under the general principles of Australian law.

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Employment & Labour Law
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Commencement Provisions
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.